Speaker of the House of Representatives, Yakubu Dogara, for weeks, has been in the eye of the storm. Following allegations and daily revelations by his erstwhile political ally and sacked chairman of the House Committee on Appropriation, Hon. Abdulmumin Jibrin, that the Speaker had supervised the padding of the 2016 budget, Dogara’s once cozy seat had suddenly turned red-hot. While Dogara and the leadership of the House repeatedly denied all the allegations and instead accused Jibrin of committing unimaginable atrocities while in office as Chairman of Appropriation Committee, calls for the Speaker to abdicate his seat and defend himself appropriately are mounting. Assistant Editor, Dare Odufowokan, examines how the unending budget padding controversy appears to be threatening the position of Mr. Speaker.
LAST Friday, former Chairman of the House of Representatives Committee on Appropriation, Abdulmumin Jibrin, sued the Speaker of the House, Yakubu Dogara, his deputy, Yusuf Lasun and other principal officers of the lower chamber over an alleged plan to suspend him. The move, which many observers of the budget padding crisis currently rocking the lower chamber, saw coming, is the culmination of three weeks allegation and counter allegations between Jibrin and the Dogara-led leadership of the House.
In the suit marked: FHC/ABJ/CS/595/2016, which commenced by way of writ of summons and filed at the Federal High Court, Abuja, August 9, Jibrin asked the court to restrain the House of Representatives and its principal officers from suspending him as member of the House. Jibrin, an All Progressives Congress (APC) legislator representing Kiru/Bebeji Federal Constituency of Kano State, also filed an ex-parte motion, seeking among others, an order restraining the defendants from taking steps to suspend him pending the determination of the substantive suit.
Listed as defendants in the suit are the House of Representatives, the Clerk of the House of Representatives, Dogara, Lasun, Alhassan Ado Doguwa, Leo Ogor, Herman Hembe, Umar Mohammed Bago, Zakari Mohammed, Chike Okafor, Dan Asuquo, Jagaba Adams, Haliru Jika and Uzoma Abonta. The Court is expected to hear the suit this week just as Jibrin is hoping to get a pronouncement that will stave off what reliable sources describe as “smart moves to checkmate him.”
Strong indications had emerged earlier in the week that the House of Representatives may on resumption, suspend the former House Committee Chairman on Appropriations, for the unfounded media outburst against the leadership of the House. House sources told The Nation that the Speaker and his allies will be relying on a rule which forbid a member of the legislature to make any internal issue a media affair before reporting such to the leadership of the House or the appropriate committee.
“It will be easy to get Jibrin suspended. I am not saying he is right or wrong, in fact I belong to a group that is bent on seeing the Speaker step down for proper investigation of the issues raised by Jibrin. But what I am telling you is that by making the matter a media affair so soon, he has flouted many house rules and suspending him will not be difficult because there are precedences,” a member of the lower House from Ogun State, explained.
Also, a member of the House Committee on Ethics and Privileges, led by Hon. Nicholas Ossai, told The Nation that the committee has received several complaints from members over the conduct of Hon. Jibrin. According to the lawmaker who is from the north central zone, members of the committee are considering meeting soon to deliberate on the development.
“You know this thing happened while we were already on recess. Yes, we have received complaints but it is difficult for the chairman or any member to comment on the issues because we are yet to meet and deliberate on the matter as a committee. I can tell you there has been complaints about the media hype given the matter which is strictly an internal issue. But we need to meet and check the rules before making comments. That explains our silence as individuals and as a committee,’ he said.
Meanwhile, it was gathered that the leadership of the House had even considered cutting short the recess in other to quickly address the festering crisis. According to sources, suspending Jibrin on account of his incessant media attacks on Dogara , may be one of the masterstrokes to be delivered should that happen.
“Attempts have been made to reconvene the House earlier than planned. It became necessary on the ground that there is urgent need to halt the embarrassing media affair currently going on over the budget padding controversy. But many factors have made that impossible up till now. One major factor is that many of our members are currently on pilgrimage to the holy land. Others are on holiday with their families,” a source told The Nation.
“But I doubt if the House will wait till the earlier scheduled date before reconvening. This is because there are many issues requiring urgent attention. Efforts are on to stop the ongoing media war between the leadership and Hon. Jibrin. Things wouldn’t have gone this bad if the House were to be in session all these while,” he added.
But it is not only for Jibrin that trouble appears looming. Dogara and other prinicpal officers of the embattled House are also seating on pins. Following Jibrin’s now incessant outbursts, opinions are sharply divided over the proprietary of the Speaker remaining in office. Many Nigerians, including his fellow Honourable members of the lower House, are of the opinion that he should step aside and defend the allegations.
Resign now
In the midst of the allegations and counter allegations, two hundred and six members of Nigeria’s House of Representatives reportedly rose and urged Speaker Dogara to step down in order to ensure a proper investigation into the budget padding controversy. In a statement released two weeks after the controversy broke, the lawmakers, who described themselves as members of the Transparency Group, expressed deep shock that Speaker Dogara has been trying to exonerate himself from responsibility for the scandalous padding of the 2016 budget.
The statement disclosed the group’s disappointment at Dogara’s decision to come out publicly in defense of an action that is a clear negation of federal character principles and breach of trust,” adding that the speaker’s action was “both disappointing and dishonorable. Bashir Baballe, from Kano State, Agunsoye Oluwarotimi Ojo, a member of the House from Lagos State, and Abubakar Chika Adamu, from Niger State, signed the statement on behalf of the Transparency Group.
“The Speaker’s comments also endanger the spirit of the oneness of Nigeria. We wish to stress the criminal aspect of the Speaker’s action, which is against the letters and spirit of the constitution he swore to protect. The general public should note that Speaker Yakubu Dogara made criminal insertions (otherwise known as ‘budget padding’) to the tune of over N3 billion to his constituency alone.”
“While the entire Zonal Intervention for the three (3) Senatorial Districts of Bauchi State and 12 Federal Constituencies in the state amounts to N1, 666,666,666, the Speaker criminally inserted about 200 percent of the amount, totaling N3, 079,000,000, to his constituency alone! If the above breach of trust and infringement of the Nigerian law are not criminal acts, the ‘insertions’ of bogus projects aimed at siphoning public funds, like vague ‘Youth Empowerment’ to the tune of N450 million, and ‘Strategic Youth Empowerment,’ to the tune of N500 million, should be.”
We want the Speaker to explain to the general public the difference between ‘Youth Empowerment’ and ‘Strategic Youth Empowerment’ if it is not a fraud. Every discerning mind knows that this is a riddle to hoodwink the general public against scrutinizing what is clearly a fraud. We urged fellow members of the House to toe the path of honor, integrity and yearnings of our constituents to avoid signing [a] ‘Vote of Confidence’ on the leadership of the House,” the group demanded.
Few days after the group of legislators called for Dogara’s ouster, the Socio-Economic Rights and Accountability Project (SERAP), in a statement signed by its executive director, Adetokunbo Mumuni, called on the Speaker and other officers named in the scandal to “step aside from their positions to allow for the investigation by the EFCC and other agencies to go ahead unhindered.”
The statement read in part: “The allegations against Dogara and other principal officers of the House also suggest a subversion of the budget process. This in itself is a crime and also a fundamental breach of constitutional provisions and an affront to internationally recognized human rights. A prima-facie case of corruption is established when elected officials are allegedly influenced to act contrary to their obligations of office by the prospect of financial gain to themselves.
“Budget padding also amounts to corruption as the action is against public interest. Any appearance of corruption in the budget process can result in a cynical public or losing interest in political participation altogether. Democracy cannot work unless Nigerians have faith in those who govern them.
“If Dogara refuses to resign for investigation and the allegations of budget padding are swept under the carpet, the ability of the House to function as a credible guardian of public interest would be seriously compromised. The allegations of budget padding and abuse of office by the speaker and principal officers of the House have continued to outrage the public, bringing the House’s integrity further into question. Dogara, therefore, has a duty to explain to Nigerians the role he played in the alleged budget padding in the House.”
“SERAP has also reviewed several documents circulating on the internet on the alleged budget padding and we believe that these documents establish a prima-facie case of corruption, which deserves a thorough, transparent, independent and effective investigation by the EFCC and other agencies.”
Frontline lawyer and pro-democracy crusader, Femi Falana had also said that it was logical for those implicated in the scandal to step down because Jibrin had done the same. Falana insisted that the alleged padding of the Federal Government’s budget by some members of the National Assembly constituted a criminal offence.
Speaking further on the controversy, the fiery legal luminary explained that the offence of padding the budget was not a “once-and-for-all” like murder. He pointed out that it (padding) started as conspiracy while planning it and concluded when it was used to draw money fraudulently after the budget had been passed.
“The act violates Fiscal Responsibility Act. Section 13 of the Fiscal Responsibility Act prescribes that relevant agencies, including the National Assembly, make input into the budget. Relevant government agencies are required to do the costing for the projects to be included in the budget.
“It is expected that negotiation and costing of projects should have been concluded while the preparation is going on. Budgeting is a process. Budget is money bill, which must necessarily originate from the executive. Section 81(1) of the Constitution says the President shall cause the budget to be prepared and lay it before the National Assembly. The National Assembly cannot cause the budget to be prepared and lay it before itself.
“What the National Assembly can do after the budget is laid before it is to reduce the amount if it is convinced it is inflated. So it is conspiracy when they increase the amount or insert projects into the budget. The criminal act is concluded when they now draw from the funds they have inserted”.
Looming probes
Aside the many calls for his resignation and Jibrin’s unending litany of allegations, Dogara, it appears, will also have to contend with a number of probes and investigations into the budget padding controversy, by some relevant authorities who are now interested in the matter. Aside the Economic and Financial Crimes Commission (EFCC), which on Tuesday, August 9, 2016, drilled Jibrin for several hours, the Police, the presidency as well as the DSS, are said to be looking into the matter.
A reliable source at EFCC’s headquarters told The Nation that a petition submitted by Jibrin is being investigated. “We have invited and interrogated the petitioner once or twice. He substantiated his claims with evidences and even promised to provide more documents to back up his allegations against the respondents.
“Based on what he wrote and the other things he said while being questioned, other lawmakers, especially Dogara, and members of the Appropriations Committee, will be invited for questioning. It is true the EFCC is looking into the controversy but our interest is in establishing whether a financial or economic crime has been committed,” he said.
The Federal Government also said it will investigate claims that the 2016 budget was padded. Attorney General of the Federation and Minister of Justice, Abubakar Malami made the revelation while speaking on the ongoing controversy. According to him, it is important for the federal government to look into the alleged conspiracy over constituency projects.
“We will investigate the executive and legislative conspiracy as it relates to constituency projects with a view to measuring the art of execution of the padded projects over the years. In so doing, we will learn our lessons in the budget and its implementation as a law with the aim to prosecute infractions and block leakages inherent in the padding process. Action must naturally be taken in the interest of the nation for efficient utilisation of our commonwealth and blocking of fraudulent leakages,” he said.
Acting Inspector-General of Police (IGP), Ibrahim Idris, earlier in the month, raised a five-man special team to probe the alleged padding of the budget by Dogara and some of his principal officers. The Assistant Inspector-General of Police (AIG) Amodu Ali-led Special Investigative Panel (SIP) has already invited Dogara, his deputy Yusuff Lasun, Chief Whip Alhassan Ado Doguwa and Minority Leader Leo Ogor to appear before it.
The panel also had what was called “a preliminary session” with ousted House Committee on Appropriations chairman Abdulmumin Jibrin, who accused Dogara and others of padding the budget with N284 billion. But reports had it that Dogara refused to honour the invitation of the panel, citing improper protocol in the mode of invitation.
“We have corrected what he complained about and another invitation has been extended to him. It is not correct for anybody to say Police cannot investigate the matter at hand. The committee is going on with its work and all those invited must, in the interest of law and order, submit themselves for questioning. That is the only way we can maintain order,’ a senior Police officer told The Nation yesterday.
And last weekend, the controversy took a new dimension as the office of the House Committee on Appropriation was reportedly sealed off by operatives of the Department of State Services (DSS). Although the leadership of the House denied the reports, inside sources claim the office is still inaccessible for anybody. The DSS has also hinted that it is looking into the allegations raised by Jibrin.
Not a party affair
And if the Speaker and his co-travellers are by any calculation hoping to receive a helping hand from the ruling party in curtailing the impact of the raging crisis on their political careers, that may be a tall dream as the APC leadership said it will allow relevant agencies to handle the matter which, to them, is not in any way a party affair.
Leaders of the APC, after meeting with Jibrin, at the party’s secretariat in Abuja, said the party cannot sanction him or any other person over the raging controversy. The party’s national deputy chairman, North, Lawal Shuaibu; national secretary, Mala Buni; and vice-chairman, North-West, Inuwa Abdulkadiri, said the party is only interested in creating an atmosphere of peace.
Mr. Shuaibu said the party had already met with the speaker of the house, Yakubu Dogara, whom Mr. Jibrin accuses of budget fraud. He said the party was not in a position to pass judgement on the fraud allegation. He denied that the party was planning to sanction Mr. Jibrin for his relentless media campaign against Mr. Dogara and others. “There is nothing like passing any judgment on any member of the party,” Mr. Shuaibu said.
“We only play our role as the umpire in this matter to see how we can create some atmosphere of peace and unity among our members. I was reading today in your paper that we called him to discipline him; discipline him on what? Whatever happens in the House of Representatives or the Senate under the constitution and their rules, they are immune.
“But when certain things go, of course, the party needs to call its members to know how best to unite any feuding members and that is exactly what we did. I want to say what we discussed honestly speaking was to get a better brief because we have to be carried along. They are our members, we should know from them directly what is really going on, so that we can see how we can handle the situation without necessary making it a town square dance,” he added.
Also, after earlier promising to mediate between Dogara and Jibrin, governors of the APC, have said they would, however, not delve into issues regarding the current budget-padding scandal particularly afflicting the House of Representatives. Governor Mohammed Abubakar of Bauchi State stated this during a chat with journalists in Abuja. The governor said the issue in the House was a criminal matter and should be so treated, explaining that the APC governors, would only make interventions on issues that were political.
“I assure you that we are not going to delve into cases that are before the courts or tribunal. We are not going to delve into the current issue of the moment. We are only going to touch on the political issues pertaining to the National Assembly. What is before the court, those of us who are lawyers, know that it is subjudice and the current issue is just coming up and it is not politics. As far as I am concerned, if any proof is found to any of the allegations, these are criminal offences. So, there is no way any committee of governors can delve into that, I assure you,” he stated.
Similarly, the Chief Whip of the House of Representative, Mr. Alhassan Ado-Doguwa, has said the crisis rocking the House had gone beyond the party. Ado-Doguwa, who is one of the four principal officers accused by Jibrin, said while the intervention of the APC was appreciated, the matter was strictly not a political party’s case, but about the integrity of the legislature.
“Of course, we would have always loved to respect any intervention by our great party. But, the problem we have at hand is unfortunately not a political party’s case. It is not about Speaker Dogara; it is not also about Honourable Lasun or my humble self as the Chief Whip of the House, either. This matter is critically fundamental as it relates to the institutional integrity of the House of Representatives and National Assembly at large.
You must therefore, understand that it is not purely an APC business. We would certainly have our hands tied in the event where the APC comes up with any so-called ‘political solutions’ that may contravene our institutional legislative codes,” he said.
Adamant Dogara lobbies
But in spite of the flurry of allegations and calls on him to throw in the towel and defend himself, Speaker Dogara insists he has done no wrong and as such, will not resign over allegations of the 2016 budget padding leveled against him and three other principal officers by the ousted chairman of the appropriation committee..
“Resign for what?”, the Speaker had roared while fielding questions from journalists last Friday. He said he cannot understand the calls for him to step aside as Speaker, adding that he did not know anything like budget padding, suggesting that Jibrin be asked for explanation. Dogara said as a lawyer and experienced legislator, he had never heard that padding was an offence under any law.
“What is padding? You haven’t told me, ask Jibrin what is padding. For me, I studied Law, and I have been in the legislature and all this period, I have never heard of the word padding being an offence under any law. If I don’t know, you are the media, research the law and let me know,” Dogora explained, insisting that the leadership of the House did no wrong.
According to Dogara, those calling for his prosecution for his alleged involvement in the fraudulent manipulation of the 2016 budget were doing so out of sheer ignorance. He added that the laws governing the National Assembly accorded all lawmakers a great degree of immunity from prosecution on the basis of exercising their legislative functions.
“It doesn’t even make sense and they have forgotten about Section 30 of the Legislative Houses (Powers and Privileges) Act, and others” which says “most of the things we do in the National Assembly are privileged. They cannot be grounds for any investigation on the procedure or proceedings to commence against a member of parliament, either the Speaker or the President of the Senate, once they are done in the exercise of their proper functions.”
“The Constitution talks about the estimates of revenue and expenditure to be prepared and laid before the National Assembly. The constitution did not mention the word budget. And the reason is very simple. Budget is a law. Going by very pedestrian understanding of law which even a part one law student can tell is that the functions of government is such that the legislature makes the law, executive implements and the judiciary interprets the law.
“The 2016 budget was controversial from the onset but the House handled the controversy with maturity, employing the democratic tools of dialogue, compromise and consensus by which an implementable 2016 Budget was passed and assented to.The budget being a law, therefore, means it is only the parliament that can make it because it is a law. And I challenge all of us members the media and civil society organisations to look at our law and tell me where it is written that the president can make a budget,” Dogara argued.
Also, supporters of the embattled House of Representatives Speaker are said to have started collecting signatures to pass a vote of confidence on him as soon as the House resumes. Inside sources claim that in spite of his adamant public posture, Dogara is worried over the development and his allies fear he would have to move swiftly to avert more crises.
“We understand the intentions of the promoters of this controversies and we are trusting God to be able to stop them. The Speaker is innocent of all the allegations but you must understand that this is politics and we need to move fast and counter the plans of those promoting the crisis. That is why we are lobbying our colleagues to ensure they are not sold dummies by anti-Dogara forces,” an ally of the Speaker said.
The Nation however learnt that it has not been easy for the Speaker’s camp to get the support of lawmakers on the matter. According to a reliable sources, while a few have pledge their support for Dogara, many others are willing to wait until the House reconvenes before throwing their weight behind any of the divides.
“While many couldn’t be reached because they are out of the country presently, others want to have a better understanding of the controversy before deciding. Such people are waiting for the House to reconvene before declaring their support. But we are unrelenting because we know the Speaker has a good case,” our source said.